Question: What do we do from a labour relations point of view if an employee was in jail from 13 to 21 March 2009 and didn’t report for duty. @ 11:00 23 March 2009 employee arrives at work for a loan but not to work.I have asked why aren’t you reporting for duty he said “I must find my mother and I will start work 30th March 2009″.

And he must report to court on 26 March 2009 @ 8:00am

Answer: Firstly it is not your fault that your employee is incarcerated. I strongly suggest that you find out what he/she is being charged for as this may have a strong impact on a continued employment relationship. Bear in mind that you cannot charge your employee via disciplinary proceedings in connection with his criminal matter. You would strongly be urged to pursue a route of charges for Awol/abscontion from duty. You could add further charges dependent on the nature of his criminal charges. Not linking them, but rather on how they reflect on a continued trust relationship. However, ensure that you follow a procedural disciplinary enquiry route even if this means waiting a lengthy period while his criminal proceedings are finalized. No legislation requires that you pay a person whilst they are not working.

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